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(영문) 대전지방법원 2017.10.26 2016노3744
횡령등
Text

All the judgment of the court below (excluding the part of the compensation order) shall be reversed.

Defendant each crime of resolution of the first instance trial and 2.0

Reasons

1. Summary of grounds for appeal;

A. In relation to each crime of fraud as stated in the judgment of the court below 1, the defendant received money from each victims as stated in the facts charged. However, there was no false statement from the victims as stated in each facts charged, and there was no intention to commit fraud.

2) As to each fraud of 2016 highest group of 1521 highest group of 2016 highest group of the judgment below, each fraud of 2017 highest group of 27 highest group of 2017 highest group of 396 highest group of 2017 highest group of 396, there was no intention to commit fraud against the Defendant.

B. Sentencing unfair judgment of the court below is unfair because the sentence imposed on the defendant (the first instance judgment: imprisonment with prison labor for three years, and the second instance judgment of KRW 1521: imprisonment for four months, the second instance judgment of KRW 201, the second instance court of KRW 201, the second instance of KRW 201, the second instance of KRW 2017, the second instance of KRW 305, the second instance of KRW 2017, the second instance of KRW 305, the second instance of KRW 396, the second instance of KRW 2017, the second instance of KRW 889: Imprisonment for three years, and the third instance of KRW 3:8) are too unreasonable.

2. Ex officio determination

A. The court of the first instance decided to hold a joint hearing of each appeal case against the defendant by combining each appeal case of the court below.

Of the judgment below of the court below in the first instance judgment and the second instance judgment, each of the crimes of 2016 order 1521, order 2017 order 27, order 305 order 2017 order 305, order 2017 order 396, order 2017 order 889 order 889 and order 3rd order order shall be sentenced to a single punishment within the scope of punishment for concurrent crimes under Article 38 (1) of the Criminal Act, since the concurrent crimes under the former part of Article 37 of the Criminal Act are one of the concurrent crimes under Article 37 of the Criminal Act.

In this respect, the above judgment of the court below cannot be maintained as it is.

B. In addition, according to the records of this case, the defendant was sentenced to one year to imprisonment with labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Incheon District Court on March 26, 2009 and completed the execution of the sentence in the Cheongju Women’s Prison on March 25, 2010, and the crime of No. 1521 of the Highest 201 of the judgment of the court below as stated in the 2016 Highest 1521 of the judgment of the court below can be recognized respectively.

Therefore, the second instance case is about the above crime.

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